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WALKER v. BETO

No. 23804.

387 F.2d 626 (1967)

Smith Thomas WALKER, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

December 27, 1967.

Attorney(s) appearing for the Case

Marian Rosen, Houston, Tex., for appellant.

Thomas H. Routt, Asst. Atty. Gen., Houston, Tex., Lonny F. Zwiener, Robert E. Owen, Asst. Attys. Gen., Crawford C. Martin, Atty. Gen. of Texas, George M. Cowden, First Asst. Atty. Gen., A. J. Carubbi, Jr., Staff Legal Asst. to Atty. Gen., R. L. Lattimore and Howard M. Fender, Asst. Attys. Gen., Austin, Tex., for appellee.

Before BELL, COLEMAN and GODBOLD, Circuit Judges.

PER CURIAM:

On April 12, 1946, on his plea of guilty in the state court, Smith Thomas Walker was sentenced to serve from five to fifty years for the offense of robbery by assault.1 His application for habeas corpus in the United States District Court was not filed until August 31, 1965, nineteen years later. In the meantime, Walker had been out of prison on parole for eighteen months in 1962-1963. As might be expected after such a lengthy...

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